Business Immigration & Visa to Canada: Investor, Entrepreneur & Self employed class:
We are an immigration consulting firm assisting individuals, professionals,
skilled workers and business people to immigrate to Canada. Our
firm provides legal advice on a variety of issues including how
to immigrate to Canada, buy and sale business in Canada, Incorporation of the company and such related services.
Canada business immigration regualtions allow successful business people to obtain immigration of
Canada. There is a main Federal business Immigration program which has three sub classes - Investor program, Entrepreneur program & Self employed program.
Province of Quebec, Manitoba, British Columbia, Alberta, Saskatchewan, Prince Edward Island, New Brunswick and New Found land have their own Business immigration program.
All programs are based on the Federal program but most popular one is Quebec business immigration program.
For General Canada Busienss immigration & visa process Click here
Canadian Business Immigration & Visa - Federal Program:
Canada offers federal as well as provincial immigration programs such
as the Quebec Investor Program under the Canada –Quebec accord.
In the past 12 months, the Canadian federal immigration program has
under gone major changes. A new immigration act, namely, the “Immigration
and Refugee Protection Act” came into force on 1st November 2001 and Immigration
and Refugee Protection Regulations made under this act came into force
on 28th of June 2002.
Though major changes have been made under these new regulations with
respect to family class, refugee class and more particularly, skilled worker
class, the business immigration program has not under gone significant
changes. However, certain definitions such as business experience, qualifying
business, qualifying Canadian business, net income, net assets, net worth,
etc. has been better defined under the new regulation in order to give
a more clear view of the business immigration program.
Section 12 of the Immigration and Refugees Protection Act provides that
foreign nationals may be selected as members of the Economic Class based
on their ability to become economically established in Canada.
This economic class is comprised of two streams of immigrants:
a. Skilled workers
b. Business Immigrants
The business immigrants are selected to support the development of a
strong and prosperous Canadian economy in which the benefits of immigration
are shared across all regions in Canada.
Regulations 88 to 109 of the Immigration and Refugees Protection Regulation
2002 provides for the selection of business immigrants to Canada.
Business immigration comprises of three sub classes:
1. Investor class: Immigration under this class started in 1986 and
in the last five years 7039 investors have landed in Canada and over $2.6
billion has been invested.
2. Entrepreneur class: Immigration under this class started in 1983
and in last five years 9518 entrepreneurs have landed in Canada and about
43,000 jobs were created.
3. Self employed class: This immigration program started in 1978 and
in last five years 4414 self-employed persons have landed in Canada.
1. Investor class: ( 1st December 2010)
Under regulation 88(1), investor means a foreign national who -
(a) Has business experience
(b) Has legally obtained a net worth of at least $1,600,000 and
(c) Indicated in writing that he has made or intends to make an investment
of $800,000 in Canada.
For the first time under the new regulations the term “Business Experience”
has been defined. Business Experience means that the investor must have
(a) Managed a qualifying business and controlled a percentage of equity
of a qualifying business for at least 2 years in the period beginning 5
years before the date of application, or
(b) They must have managed at least 5 full time job equivalents per
year in a business for at least 2 years in the period beginning 5 years
before the date of application.
Also, the term “Qualifying Business ” has been defined for the first
time under the new regulations. A qualifying business is defined as a business
in which in each of any two years in the period beginning 5 years before
the date of application and ending on the date of the interview decision,
the businessman must satisfy either of the two following conditions –
1. That the percentage of equity multiplied by the number of full time
job equivalents is equal to or greater than 2 full time job equivalence
2. That the percentage of equity multiplied by the total annual sales
is equal to or greater than $500,000.
3. That the percentage of equity multiplied by the net income in the
year is equal to or greater than $50,000.
4. That the percentage of equity multiplied by the net assets at the
end of year is equal to or greater than $125,000.
However, a business investment made for receiving only dividends, rents
or interest does not qualify.
Applicants under the investor class must have worldwide net assets of
at least $1,600,000. They are required to make an investment of $800,000
payable to the Receiver General of Canada. The investment is subsequently
allocated to participating provinces and territories in Canada. The government
uses these funds for job creation and economic development. The full amount
of the investment, without the interest, is repaid to the investor after
5 years. The return of the investment is fully guaranteed by the participating
provinces and territories.
Another option for an investor, if they decide not to make full investment
of $800,000, is to obtain a loan of $620,000 from Canadian banks / financial
institutes that are approved by the government. Investors are required
to make one time investment of $180,000 only, after or before the approval
of their application. The investors are not required to make any further
investment and no amount is refunded to the investor at the end of 5 years.
Some interesting features of the investor program are:
1. Investors are not required to start any business in Canada, there
is no age limit to apply and knowledge of either of Canada’s two official
languages is not mandatory. However, the applicant and each of the family
member must pass medical and security clearance. No conditions are imposed.
2. Investments are fully guaranteed by the provinces and territories
participating in the program.
3. The provinces and territories control the investment during the 5
years lock-in period.
4. Under the new definition of an Investor, a senior manager of a company,
who has never owned a business, but whose net worth is $1,600,000, can also
qualify under this program.
5. A previous requirement that the investor must create his net worth
by his own endeavours have been removed and has been replaced by a requirement
that the net worth be legally obtained. For example, a senior manager who
meets the business experience requirements and has received a big fortune
from his family’s estate is eligible to apply for immigration to Canada
under the investor program as per the new regulations. This would not have
been possible under the old regulations.
6. Spousal assets can also be now included when calculating the net
7. The Selection Grid has been changed and the passing points are now
35 out of 100, based on the following criteria - business experience, age,
education, language proficiency and adaptability.To download brochure
2. Entrepreneur class:
The entrepreneur class has also remained largely unchanged but certain
definitions have been redefined under the new regulations that have helped
to clarify certain ambiguous aspects of the old regulations. The applicants
under this class are faced with two main questions: a) How much or what
is the minimum investment they are required to make? and b) what size of
business should they have?
Both these questions are answered under the new regulations.
Under regulation 88 (1), an entrepreneur is defined as:
A foreign national who -
a) Has business experience
b) Has legally obtained minimum net worth of $300,000
c) Has shown an intention to and the ability to:
(i) Control a percentage of equity of a Qualifying Canadian Business
equal to or greater than 331/3%
(ii) Provide active and ongoing management of the Qualifying Canadian
(iii) Create at least one incremental full time job equivalent for
one or more Canadian citizen or permanent resident other than the applicant
and his/her family members
With respect to an entrepreneur, business experience means, the management
of a qualifying business and the control of equity of a qualifying business
for at least 2 years in the period beginning five years before the date
A qualifying business holds the same definition mentioned above under
the investor class. However, the entrepreneur must be involved in the management
of the business and must also have ownership of the business.
A condition is imposed on the Entrepreneur’s permanent immigrant visa
and he/she will be required to open and own a Canadian qualifying business
for at least a period of one year within the three years of his/her arrival
The Canadian qualifying business for the entrepreneur is defined under
the new regulations as a business operated in Canada by an entrepreneur
for which, in any year within three years after the day the entrepreneur
becomes a permanent resident, any of the following conditions are satisfied
1. The percentage of equity multiplied by the number of full time job
equivalent is equal to or greater than 2 full time job equivalent jobs
2. The percentage of equity multiplied by the total annual sales is
equal to or greater than $250,000
3. The percentage of equity multiplied by the net income in the year
is equal to or greater than $25,000
4. The percentage of equity multiplied by the net assets at the end
of year is equal to or greater than $125,000
Some interesting features of the entrepreneur program are:
1. The entrepreneur is required to start business in Canada, however,
no age limit applies and knowledge of either one of Canada’s two official
languages is nit mandatory. The applicant and each of his/her family member
must pass medical and security clearance. No conditions are imposed.
2. The entrepreneur must have a net worth of $300,000 and he himself
must make the investment and start and manage the business. However, the
old requirement that the net worth be created by the entrepreneur’s own
endeavours has been removed and is replaced by a requirement that the net
worth be legally obtained, provided the applicant meets other requirements
of the regulations.
3. A company manager of a company who has never owned a business outside
of Canada cannot apply under the entrepreneur class.
4. The Selection Grid has changed and passing points are now 35 out
of 100 based on the following criteria - business experience, age, education,
proficiency of language and adaptability.
5. All family members are admitted under the same conditions that apply
to the principal applicant. The conditions on all family members are removed
as soon as they are satisfied.
6. The entrepreneur selected under the Quebec program must have net
assets worth $300,000, though accumulation of wealth and definition of
business experience is defined according to Quebec regulations. The applicant
must stay and start a business in the province of Quebec.
We have more then 250 Businesses
for sale in Quebec, Canada to assist our client to obtain business immigration of Canada and settle in Canada as soon as possible.
7. The entrepreneurs must provide a residential address and telephone
number within six months of their arrival in Canada and must also provide
evidence of their efforts to comply with the conditions with 18 to 24 months
of their arrival. To download brochure Click Here
3. Self employed class:
Under section 88(1), a self-employed person is defined as:
A foreign national who has:
· Relevant experience
· Has the ability and intention to be self employed in Canada
· Can make a significant contribution to specified activities
Relevant experience means a minimum of two years of experience in any
of the following activities in the last 5 years prior to making an immigration
a. Self employment in culture activities or in athletics
b. Participation at a world class level in cultural activities or athletics
c. Farm management experience
Interesting features of the Self employed persons program are:
a. No immigration conditions are imposed in this class
b. Self employed immigrants must have the experience, intention and
· Establish a business that will, at a minimum, create employment
opportunities for themselves and which will make a significant contribution
to the cultural or athletic field in Canada or
· Purchase and manage a farm in Canada.
Selection Grid for Investor and Entrepreneur class:
Minimum passing points required are 35 and points are calculated based
on the following grid.
1. Business experience: (Maximum = 35 points)
Two years of experience 20 points
For each additional year of experience 5 points up to a maximum of 35
points for 5 years of experience.
2. Age: (Maximum = 10 points)
21-49 years of age 10 points
Deduct 2 points for each year above 49 years or under 21 years of age.
3. Education: (Maximum = 25 points)
a. Master’s and Ph.D. 25 points
b. Two or more degrees 22 points
c. One Bachelor’s degree (14 years of education) 20 points
d. One bachelor’s degree (13 years of education)
e. Three years diploma or trade certificate
(15 years) 22 points
f. Two years diploma or trade certificate (14
years) 20 points
g. One year diploma or trade certificate
h. One year trade diploma certificate
i. High school diploma 05
4. Language: (Maximum = 24 points) There is no need to score any points for language.
a. English - Read, write, speak and listen - each criteria
maximum of 4 points
French - Read, write, speak and listen - each criteria
maximum of 2 points
5. Adaptability: (Maximum = 6 points)
a. Business exploration trip to Canada in last 5yrs from the date of
application = 6 points
b. Participation in designated Joint Federal and Provincial Business
immigration initiatives = 6 points
Total points 100 and passing points are 35
These are different business immigartion programs in Canada. To receive information about each one visit following links:
Canada Business Immigration & Visa under Federal program / class
Canada Business Immigration & Visa under Quebec program / class
Canada Business Immigration & Visa under Manitoba program / class
Canada Business Immigration & Visa under British Columbia program / class
Canada Business Immigration & Visa under SK program / class
Canada Business Immigration & Visa under Alberta program / class
Canada Business Immigration & Visa under New Brunswick program / class
Canada Business Immigration & Visa under New Foundland program / class
Canada Business Immigration & Visa under Prince Edward Island PNP immigration program
Canada Business Immigration & Visa under Nova Scotia PNP immigration program/class